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chapterposted on 2017-12-06, 00:00 authored by Stephen ColbranStephen Colbran
An appearance is the procedure used by the defendant to inform the plaintiff that he or she intends to defend the proceedings. The procedure prevents the plaintiff entering a default judgment or taking further steps without notice to the defendant. In Queensland, an appearance is known as a Notice of Intention to Defend. In the Australian Capital Territory, it is called a Notice of Intention to Respond. Appearances are of two types, though both types are not available in all jurisdictions. The most common type is an unconditional appearance, which acknowledges the court’s jurisdiction and waives any irregularity in service or commencement of proceedings. The other form of appearance is a conditional appearance. Conditional appearances do not waive procedural irregularities, but preserve arguments based on lack of jurisdiction and other irregularities. In the event that an appearance is not entered, the defendant is at risk of a default judgment being entered. Appearances have been abolished in South Australia and in the Federal Court in favour of filing a Notice of Address for Service or alternatively in South Australia, a defence. In New South Wales a Submitting Appearance (r 6.11) and in the Australian Capital Territory, Notice of Intention to Respond (r 106), may be used by a defendant to submit to the orders of the court save as to costs, and take no part in the proceedings.
Parent TitleCivil procedure : commentary and materials
Number of Pages23
Place of PublicationChatswood, NSW
External Author AffiliationsFaculty of Arts, Business, Informatics and Education; TBA Research Institute;